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Vol 24 No 12 Dec 19/Jan 20

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Cover of Merkin and Flannery on the Arbitration Act 1996

Merkin and Flannery on the Arbitration Act 1996

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Modern Law and Otherness: The Dynamics of Inclusion and Exclusion in Comparative Legal Thought

ISBN13: 9781786431875
To be Published: December 2019
Publisher: Edward Elgar Publishing Limited
Country of Publication: UK
Format: Hardback
Price: £80.00

Over the last two decades or so, the field of comparative law has been increasingly interested in issues of globalisation and Eurocentrism. This book inscribes itself within the debates that have arisen on these issues and aims to provide a greater understanding of the ways in which the "non-West" is constructed in Euro-American comparative law.

Approaching knowledge production from an interdisciplinary and critical perspective, the book puts emphasis on the governance implications of the field. It is argued that for more than a century an important part of comparative law has been animated in different ways by tensions between inclusion and exclusion. This dynamic is shown to operate through antinomies between the particular and the universal, between critiques and apologies of Western domination. The author approaches this as an opportunity to reflect further on the possibility of mobilizing the field's own promises in more productive ways.

Modern Law and Otherness provides important insights for researchers interested in comparative law, critical theories and international law. Critical theorists interested in postcolonialism will also benefit from the author's analysis.

Comparative Law, Jurisprudence
1. The Governance Implications of Comparative Law: the `non-West' as Politically Significant Representations
2. Henry Maine and the Legal Foundations of Liberal Imperialism
3. Pre-War Twentieth-Century Comparative Law: Ambivalent `Social' Apologies for Modernization
4. Post-War Comparative Law: Concealed Ambivalent Apologies for Liberal Transformation Conclusion